SANJAY KUMAR AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This is an application for quashing of order dated July 4, 2005 passed by Chief Judicial Magistrate, Dhanbad in C.L.A. Case No. 262(A)/2005 whereby and whereunder he took cognizance of the offence under Section 14 of the Child Labour (Prohibition and Regulation) Act, (hereinafter referred to as the Act).

(2.) It appears that an official complaint was filed in the Court of learned Chief Judicial Magistrate, Dhanbad by the Labour Superintendent, Dhanbad alleging therein that on February 25, 2005 at about 2.20 p.m. the Brick-kiln of the petitioner, namely, G.K.A. Itta Bhatta was inspected by the Labour Superintendent as per the provisions of the Act and found that in the aforesaid Brick-kiln one child labour, namely, Lalan Manjhi, was present. It is stated that the working of a child labour in Brick-kiln is contravention of Section 3 of the Act It is also stated that as per Rules framed under the Act the register and notice board was not maintained by the establishment. It is also alleged that the Labour Inspector was also not given any notice regarding the employment of child labour. It is stated that after the inspection, show-cause notice was given to the petitioner for removing the defect and also for production of papers and registers for inspection, but the petitioner has not complied with the direction given in the said show-cause notice and his reply is unsatisfactory. Accordingly the present complaint was filed in the Court of CJM with request to take cognizance of the offence under Section 14 of the Act.

(3.) It appears that learned CJM Dhanbad vide order dated "4.7.2005 took cognizance of the offence under Section 14 of the Act against that the present application has been filed.